Legal Question in Elder Law in California

brother placing mother in home

my father died a couple of years ago and since then i have been taking care of my mom, and she has alzheimers, she does pretty good. I the son have taken care of my mother for 2 years with no help.Well I had a problem gambling and got into deep debt I have since stopped but spent alot. she took a loan out on her home to help me ,i have been making the payments for several months my brother found out and called social services and they took my mother away, they placed her in a home, my brother closed our accounts and left me with nothing. not even enought to feed my family it was some of my personal money. Social services said i could be crimminally prosecuted. I was afraid I quite my job after 32 years. Well now I am asking myself why. My mother helped me I didn't deny it she let me borrow the money. I love my mom she calls my asking me to go get her I dont want her money I just want my mom to be with me. How do I do this I'm still living in her home, but my brother said he is going to sell and i have to go. He has never been there for her,He taking everything now. How can I stop this she loaned me the money and i am paying it back I didn't steal.Can I stop this and get my mother home?


Asked on 6/17/05, 12:46 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: brother placing mother in home

You would have to petition the probate court in a conservatorship proceeding for the things you want done, like getting your mother home. The bad news is that the family has already convinced the agency that you aren't a good care-giver, so you would have to convince the court it is in the mother's best interest to do what you ask. The other bad news is that the attorney fees and costs would be substantial, and out of your pocket, with no guarantee of success. If you are willing to pursue the matter, knowing that, then contact me to discuss the facts and fees.

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Answered on 6/17/05, 2:24 pm


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